Hot Topics:

Denver and the West

Fired Denver deputy appeals his dismissal for punching inmate, lying

By Jesse PaulThe Denver Post

Posted:
07/31/2014 10:28:02 AM MDT

Updated:
08/07/2014 05:59:07 PM MDT

Please enable Javascript to watch this video

DENVER, CO - JULY 31: Sheriff's deputy Steven Valerio, fired for punching a jail inmate and then accusing the inmate of assaulting him, seeks to overturn his firing at Career Services Board meeting, July 31, 2014. No camera were allowed inside so Valerio is seen through the window of the Career Services Board office at the Webb Building in downtown Denver. (Photo by RJ Sangosti/The Denver Post) (RJ Sangosti, THE DENVER POST)

A former Denver Sheriff's deputy fired in April for punching and slamming a jail inmate and then lying about the 2012 incident testified Thursday that he was defending himself at the time.

"I believed he was trying to harm me," Steven Valerio said at a hearing before the Career Services Board, which is considering his appeal to keep his job.

Valerio originally reported that inmate Robbi Martinez threw a phone at him, leading to Valerio using force against the inmate. The former deputy completed a report with Denver police against Martinez 10 minutes after the altercation, according to testimony.

Surveillance video from the jail shows Martinez did not throw the phone but had pushed it across the desk toward the deputy. The video shows Valerio punching Martinez on Dec. 26, 2012, before slamming him into a concrete desk, handcuffing him on the jailhouse floor and then lifting him by the handcuffs.

The department also ruled that inconsistencies in Valerio's reports and statements on the incident were deceptive and were intentionally aimed at covering his tracks. The city said the former deputy changed his story when interviewed by internal affairs investigators.

Advertisement

That deception was listed as the direct cause for his termination.

Jess Vigil, deputy director of the city's Department of Safety, testified that he fired Valerio because of inconsistencies in the deputy's report and what he called an "aggravated use of excessive force."

"He had other options other than standing up and delivering a blow to the inmate," Vigil said. "There was no threat posed by inmate Martinez's actions."

Deputy Steven Valerio was fired April 17 for the Dec. 26, 2012, incident where he punched and then lifted an inmate by his handcuffs. An investigation determined that he violated the department's use of force policy and lied about the incident during the investigation. (Denver Sheriff's Department)

Vigil noted that Valerio didn't use several alarms that he could have triggered to summon other deputies. He also said many of Valerio's statements failed to match up to the video, leading to his termination.

"The video does not show inmate Martinez actively resisting," Vigil said, questioning why Valerio continued to battle the inmate when Martinez appeared docile.

Vigil said he looked at Valerio's history at the department before determining that termination was warranted, including 2003 allegations — later dismissed — that Valerio had assaulted a then-girlfriend, grabbing her by the neck and threatening to kill her.

John Sauer, an attorney representing the city and defending Valerio's dismissal, maintained that Valerio's removal was valid and necessary.

Reid Elkus, defending Valerio, said the discrepancies in his report to superiors were the result of an honest mistake.

"The other side of the story is that Deputy Valerio really perceived a threat and was trying to be truthful when he reported the events," Elkus said, adding that Valerio knew there were cameras in the area where the incident occurred and therefore would have known that any discrepancies would be showed by the video.

Valerio's defense also questioned Vigil's expertise on use of force, at one point showing that Vigil wasn't clear on a "goose neck hold" that Valerio had used on Martinez.

"I put it down as I thought it had happened," Valerio said during questioning. "I was hurried through the report by my supervisor."

Valerio said there were objects on his desk that could have been used to harm him when the inmate reached across it.

"The adrenaline was high. I did not follow procedures. It was a matter of seconds," Valerio said. "My emotions were running wild."

Missy Franklin, Jenny Simpson, Adeline Gray and three other Colorado women could be big players at the 2016 Rio OlympicsWhen people ask Missy Franklin for her thoughts about the Summer Olympics that will begin a year from Wednesday in Rio de Janeiro, she hangs a warning label on her answer.